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HomeMy WebLinkAboutRestoration Plan PN 921092007Gybe Ho Road Property Restoration Plan Jefferson County, Washington September 8, 2016 Prepared for: Tim Wilkins 10953 Madison Avenue Bainbridge Island, Washington 98110 (206)380-7345 U 1�E SUR\ S� �ESSM�' MARINE SURVEYS It ASSESSMENTS 267 Hudson Street Port Townsend WA 98368 (360)385.4073 marine.su"eys.inc@gmait.com TABLE OF CONTENTS INTRODUCTION............................................................................................................4 PROJECTDESCRIPTION.............................................................................................4 Updated Wetland Impact and Restoration Summary Table.................................5 SITEDESCRIPTION.................................................................................................6 Wetlands.........................................................................................................7 CURRENT CONDITONS.........................................................................................7 RESTORATION APPROACH AND DESIGN.............................................................7 Restoration Sequencing..................................................................................8 RestorationStrategy......................................................................................8 Amended Restoration Tables.........................................................................9 PlantingPlan........................................................................................................9 Updated Tree and Shrub Specifications Table...............................................9 PlantSpecifications............................................................................................. 10 AMENDED GOALS, OBJECTIVES, AND PERFORMANCE STANDARDS........... 11 RestorationGoal.................................................................................................I I Objectives and Performance Standards..............................................................I I MONITORINGPLAN................................................................................................... 13 Vegetation...........................................................................................................13 Monitoring Report Contents................................................................................ 14 MAINTENANCEPLAN................................................................................................... 15 CONTINGENCYPLAN.................................................................................................. 15 SUMMARY...................................................................................................................... 15 REFERENCES.................................................................................................................. 17 2 Figures and Appendices Figure 1 Site and Vicinity Map Figure 2 Wetland Restoration Map Figure 3 Buffer Planting Plan Map Figure 4 Buffer Planting Plan Map Figures 5-16 Site Photos Appendix A Washington Department of Ecology (WECY) Agreed Order #13100. January 6, 2016 Appendix B Washington Department of Ecology (WECY) Letter of Violation June 3, 2016 Appendix C Jefferson County Department of Community Development (DCD) Fence Permit #BLD15-00143 INTRODUCTION Marine Surveys & Assessments, Inc. (MSA) was authorized by the landowner Tim Wilkins to prepare an amended restoration plan for his property at 413 Gybe Ho Road, Nordland, Washington in Jefferson County. The subject property, parcel number 921092007 is located in the NW 1/4 of Section 9, Township 29W, Range lE (Figure 1 Site & Vicinity Map). According to the Jefferson County Accessor, parcel 921092007 includes 5.13 acres (223,462.80 square feet). This amended restoration plan is required to rectify disturbances to the onsite wetland and required buffer per the violation orders issued by the Washington Department of Ecology (WECY) in June of 2015 (Appendix A), January of 2016 (Appendix B) and again in June of 2016 (Appendix C) (WECY). PROJECT DESCRIPTION In 2015 Ecological Land Services, Inc. (ELS) was contracted by the landowner to perform a wetland delineation and restoration plan for this property. These reports documented a category III depressional wetland and designated a 110-foot buffer. ELS also documented disturbances to this wetland and its associated buffer, resulting from a driveway was installed on the eastern half of the property from Gybe Ho Road. The ELS restoration plan proposed to restore functions of this wetland which were impacted by clearing, dredging, filling and the installation of a culvert. Subsequent to this plan further disturbance occurred in the buffer area, which was itemized in a May 25th, 2016 notification letter of violation of WECY Agreed Order (AO) #13100 (Appendix B), at which point the client was prohibited from any further work in the wetlands or their buffers without WECY and local approval. The following amended restoration plan proposes to mitigate for the violations of AO #13100 (Appendix B) by increasing the amount of restoration and insuring oversight of the entire project by a wetland specialist approved by WECY and Jefferson County Department of Community Development (DCD). This plan is intended to enable our client, Tim Wilkins, to succeed in restoring the wetland vegetation and functions to the disturbed wetland and wetland buffer on this property to the satisfaction of all regulatory agencies involved. It is our intention in this amended plan to comply with the objectives and standards of the 2015 restoration plan created by ELS, as outlined below, with the following changes: 1) The area on Table 1. under Impact Area Amount - Wetland A Buffer will now read: 0.624 acres (27,181 square feet) to include the newly impacted area. 2) Hydrology in the wetland will be monitored yearly. 3) The performance standards will be monitored for 10 years. For this forested, shmb/scrub wetland WECY is requiring a 10 year monitoring plan. 4) The wetland and buffer boundaries will be visibly marked with permanent stakes noting the critical area boundary. 5) All aspects of the restoration of the wetland and buffer including the removal and wetland reconstruction of the driveway will be done under the supervision of an approved wetland specialist. 6) Specific directions for the placement and/or disposal of woody debris created by the disturbances on this property will be made by the onsite biologist. Restoration will begin with immediate removal of the existing driveway, culvert and any non- native fill that was placed in the wetland so that it can be finished in the dry season, thus creating the least additional disturbance. The driveway and dredged area will be filled and graded with the spoils previously removed from the wetland. Small woody debris left from clearing will be chipped and spread over the graded area prior to planting. Large woody debris and root wads will be placed in the wetland sufficient to supply habitat and any excess will be chipped or removed from the wetland and buffer areas. All work will be performed by hand wherever possible and with the lightest possible heavy equipment where required. Prior to planting, soil moisture level will be assessed by the onsite biologist to ensure sufficient saturation of the soil prior to planting with native vegetation. The impacted areas in the wetland and its buffer will be planted with native trees and shmbs as per the following planting plan. As proposed in the ELS Restoration Plan, the emergent and herbaceous vegetation will be derived from the seed bank within the dredge spoils returned to the wetland. If emergent cover is not achieved through the existing seed bank in the spoils, a planting plan for herbaceous plants will be developed and implemented. Invasive plants will be removed by hand weeding. There will be no use of herbicides or pesticides in the wetland or its buffer. All stages of road removal, restoration and planting will be overseen by an approved wetland specialist. The following updated table from the ELS Restoration Plan lays out the restoration for each impact area: Table 1 ** Updated Wetland Impact and Restoration Summary Impact Area Impact Impact Proposed 14491WOon Type Amount • Remove driveway and culvert from the Filling 0.07 ac (2,962 wetland and buffer prior to replacement of Wetland A (Driveway sq. ft.) dredge spoils. & Spoils) • Remove spoils from wetland and place into the dredged area. • Replace dredge spoils from wetland outside the dredged channel. 0.01 ac (613 sq. • Place limited amounts of large woody Wetland A Dredging debris that remains in piles on the site ft.) will within the restored wetland area. • Spread woody material chipped from the onsite logging debris over the graded wetland area. • Plant wetland following replacement of dredge spoils and removal of driveway. Wetland A Clearing 0.12 ac (5,198 sq. ft.) ,plants will include shrubs and trees. Herbaceous understory expected to restore naturally due to seed sources in dredged soils. Wetland A Buffer **0.624 ac • Replant native trees and shrubs in the cleared Clearingbuffer (27,181 sq. ft.) areas. Remove or chi excess wood P Y debris. ** Updated from Table #1 ELS Draft Wetland Restoration Plan December 2015 SITE DESCRIPTION The parcel is currently accessed from Gybe Ho Road on the eastern boundary of the property. Gybe Ho Road is 0.10 mile from T intersection where Washington State Highway 16 becomes Flagler Road at the entrance of Marrowstone Island. Parcels to the immediate north, east and south are occupied with single family residences. ELS prepared a wetland delineation, wetland rating and restoration plan for this 0.255 ac depressional, forested, scrub -shrub wetland in 2015. Prior to this, in the spring of 2015, a disturbance occurred in the wetland and buffer areas when a driveway and culvert were constructed through the wetland. An area of approximately 0.12 ac of the wetland was disturbed and an additional 0.34 ac of trees and shrubs were cleared in the required 110-foot buffer. The logs and slash remain on the site (Figures 5 through 15). The driveway in the wetland remains. All but one of the points on Figure 2 of the ELS 2015 Wetland Delineation Report were located. Not all of the points where flagging was found matched their respective GPS coordinates, possibly due to trees falling during a storm or during the clearing in May of 2016. We were able to find the all test pit locations and the wetland boundary from the delineation with GPS coordinates supplied to us by ELS. No fencing or other alterations have occurred on the property. The landowner has agreed to move the proposed perimeter fence outside of any wetland buffers. The status of the disturbed onsite wetland appeared to be unchanged from the previous studies. Wetlands The delineated wetland on the property is approximately 0.25 acres (11,093 square feet) in size and located in a slight depression on the eastern half of the property. Approximately half (0. 12 acres) of this wetland was impacted. Undisturbed wetland remains to the north and south of the impacted area. This wetland continues south on to neighboring property. In addition to the delineated wetland there are two wetlands adjacent to this property: One, called offsite Wetland A in ELS delineation report, bordering the property to the east and another, offsite called Wetland B, bordering the property to the west. The buffers of the offsite wetlands extend on to the subject property overlapping, to some extent, the buffer of the delineated wetland. These depressional wetlands and their 110 foot buffers were identified by ELS in June 2015 and a formal delineation of the onsite wetland in accordance with Jefferson County Code (JCC) Chapter 18.22, Article VI Wetland was completed. (Wetland Delineation Report for the Gybe He Property Nordland, Washington ELS 2015). CURRENT CONDITIONS The landowner stated he was unable to remove the driveway from the wetland due to wet weather conditions in the fall of 2015 and spring of 2016. Some restoration attempts were made but they were not successful. During site visits in June and July 2016 no live restoration plantings were found in the wedand or wetland buffer. Further disturbances occurred in the buffer area in May of 2016. Approximately 0.28 acres (12,371 sq. ft.) of the wetland buffer was disturbed as the landowner began a permitted fencing project (Appendix Q. Due to this recent disturbance additional mitigation is required. None of the cleared vegetation has yet been removed from the property. Invasive plants such as thistles and foxglove have begun establishment in cleared areas. MSA staff visited the site in June of 2016 to take an initial look at the project. At that time there was some signs of improperly stored fuel and oil on the site. On a second visit in July of 2016 no improperly stored fuel or oil at the site or residue was observed. The landowner stated that he had cleaned up all traces of the fuel and oil in the wetland and wetland buffer. RESTORATION APPROACH AND DESIGN Restoration sequencing and strategy will follow the original ELS restoration plan with additional planting in the required buffer. As stated in the ELS plan: All restoration activities will be fully supervised by the project biologist to ensure the wetland is restored to pre -disturbed conditions. This includes the road removal which will occur as soon as possible after the acceptance of this amended plan. In order to accomplish this restoration in a timely manner it is critical that the road and culvert are removed as soon as possible so that any heavy equipment work necessary for this restoration occurs before the fall rains begin. This will ensure grading will occur during the lowest water table season and enable planting during the wettest time and the dormant season. Restoration Sequencing As stated in Washington State Wetland Mitigation Guidelines, Volumes 1 and 2 (Ecology 2006), the primary goal is to minimize any further impacts to this wetland and to restore the critical habitat and wetland functions to pre -disturbance conditions. The order in which this is done is critical to the success of this restoration plan. 1) The driveway and culvert will be removed as soon as possible during the dry season. Fill material removed may be stockpiled on the property for later use outside of an wetland and required buffer areas. 2) Dredge spoils which were removed during the driveway construction will be returned to bring the impacted wetland area to pre -disturbed elevations. 3) Large woody debris will be placed, under the direction of an approved wetland specialist, in the restored wetland. Any remaining woody debris will be chipped and used for mulch over the graded surface and planting areas or either removed from the property or placed outside the wetland and the required buffers of this and the adjacent wetlands. 4) Prior to any planting, soil moisture will be assessed by a wetland specialist to ensure sufficient soil saturation for plant survival. The disturbed wetland and buffer areas will be planted during wet, dormant conditions, in late fall to early spring, with native trees and shrubs restoring it to pre -disturbance conditions. If the herbaceous layer does not recover from the existing seed bank an herbaceous planting plan will be required. Restoration Strategy The goal of this restoration is to restore wetland functions to the wetland on this property and to restore the critical habitat in the wetland and it's required buffer to pre -disturbance conditions. The proposed restoration will provide no net loss of wetland area and wetland functions. Any and all restoration efforts that require the use of heavy equipment will occur during the dry season to insure the least impact to this critical area. Special Gaze will be taken to avoid any discharge of pollutants into the wetland and/or wetland buffers. All equipment will be checked for leaks before entering the property. If any spill should occur, it will be cleaned up immediately. Any fuel containers on the property will be secure and properly stored. All restoration activities will be fully supervised by the project biologist to ensure the wetland is restored to pre -disturbed conditions. Amended Restoration Plan Tables and Planting Plan The methods and course of action outlined in the December 2015 ELS Restoration Plan will be followed, as shown below, with the addition of items highlighted: Planting Plan The overall planting plan will follow the ELS Restoration Plan however the quantities listed for the buffer plantings are larger due to the expansion of the mitigation area. Plant specifications will remain unchanged. Species chosen for this restoration are currently growing in the undisturbed areas on this site. Table 3 shows the updated plant quantities for the buffer plantings. Trees and shmbs planted will follow the planting plan in Figure 4. Trees will be planted at approximately 10 foot centers and shrubs will be installed in clumps of 5 or 6 at approximately 5 foot centers. Table 3. "Updated Tree and Shrub Specifications Species Scientific Name Stock Spacing quantity Wetland Plantings Trees Red alder Alnus rubra Gallon 10-feet on -center 25-30 Western red cedar Thuja plicata Gallon 10-feet on -center 25-30 Total 50-60 Shrubs Salmonberry Rubus spectabilis Gallon 5-feet on -center 75-100 Black twinbe nY Lonicera involucrata Gallon 5-feet on -center 75-100 Total 150-200 Buffer Plantings Trees Western red cedar Thuja plicata Gallon 10-feet on -center 85-95 Pseudotsuga Douglas fir menziesii Gallon 10-feet on -center 85-95 Bigleaf maple Acer macrophyllum Gallon 10-feet on -center 85-95 Total 255-285 Shrubs Salmonberry, Rubus spectabilis Gallon 5-feet on -center 270-280 Holodiscus Ocean spray discolor Gallon 5-feet on -center 270-280 Indian plum Oemleria cerasiformis Gallon 5-feet on -center 270-280 Total 810-840 Updated from Table 43 ELS Draft Wetland Restoration Plan December 2015 Plant Specifications Plant specifications follow the 2015 ELS Restoration Plan: Gallon Stock 10 • Gallon species will be purchase from a native plant nursery. • Plants will have well -developed roots and sturdy stems, with an appropriate root -to shoot ratio and will be planted as soon as possible after purchase. • All stock must be kept cool and moist prior to installation. • The approved wetland specialist will be responsible for inspecting the stock prior to and during planting; unacceptable plant materials will not be planted. AMENDED GOALS, OBJECTIVES AND PERFORMANCE STANDARDS WECY is requiring 10-year monitoring therefore performance measures have been altered to adhere to this requirement. The overall ELS monitoring plan will be followed but it will be extended to reach the 10 year monitoring period. The restoration goals, objectives and performance standards will follow the ELS plan as outlined below; amended measures are bolded: Restoration Goal To restore the wetland functions and improve the wildlife habitat functions in the disturbed forested, shrub/scrub wetland and buffer areas at 413 Gybe Ho Road to pre -disturbance conditions. Objectives and Performance Standards The following objectives and performance standards will ensure that the restoration goal is achieved. Objective 1: Restore pre -impact forested and scrub -shrub conditions throughout the disturbed wetland and buffer areas. Performance Standard #la is unchanged from the ELS December 2015 Restoration Plan except as noted below: Performance standard #la Restore wetland to pre -disturbance conditions. 1) Remove driveway and culvert to native soil from the wetland crossing. 2) Scrape the dredge spoils to native soils from the filled areas of wetland place back into dredged area of wetland. 3) Spread large woody debris in wetland from piles in the wetland following replacement of dredged spoils. 11 Additionally: 4) Excess woody debris will be chipped and used for mulch or either removed from the site or placed outside of any wetland or buffer areas. 5) The entire driveway removal process will be overseen by an approved wetland specialist. Objective 2: Install native trees and shrubs within disturbed wetland and buffer areas to restore the cleared forested wetland system. Performance Standard #2a Plant Survival Years 1-2 100 percent survival of all plants including tree, shrub and emergent species one year after the site is planted. If all dead woody plantings are replaced, the performance measure will be met. Years 3-10 Survival will be monitored yearly. If all dead woody plantings are replaced, the performance measure will be met. Performance Standard #2b Vegetation Cover Yearly percent coverage standards are proposed for the tree and shrub species (planted and volunteer) proposed within the restored wetland and buffer areas. The following yearly standards are proposed for the tree and shrub layers Year 1 10-15 percent cover by installed/volunteer native woody plants. Year 2 15-20 percent cover by installed/volunteer native woody plants. You 3 20-25 percent cover by installed/volunteer native woody plants. Years 35-40 percent cover by installed/volunteer native woody plants. Years 7 & 10 At least 3540 percent cover by installed/volunteer native woody plants. Performance Standard #2c Emergent Understory Coverage The emergent cover within the restored wetland is expected to recover naturally due to the seed sources remaining within the dredge spoils. For this reason, it is expected that coverage by emergent will expand yearly but at a different rate that trees and shmbs, therefore, the yearly standards are slightly less than for woody plants. 12 All years In the event that minimum coverage is not achieved, a planting plan for herbaceous plants will be developed and implemented. Aerial cover of native, wetland (facultative and wetter) herbaceous plant species will be at least 25 percent at year 10. Year 1 minimum 10 percent cover Year 2 minimum 15 percent cover Year 3 minimum 20 percent cover Year 5 minimum 25 percent cover Year 8 minimum 25 percent cover Year 10 minimum 25 percent cover Objective 3: Maintain Low Cover by Non -Native Invasives. Restoration plans often experience inputs of non-native plant species via seeds deposited by birds or swept in by wind. Low coverage by invasive plants is proposed to allow native plants to become prevalent within the wetland and buffer areas Performance Measure #3a Non -Native Invasives Plant Coverage All Years Less than 10 percent cover by non-native exotics including but not limited to reed canarygrass (Phalaris arundinacea), evergreen or Himalayan blackberry blackberries (Rubes armeniacus and R. laciniatus), and Scotch broom (Cytisus scopartus) Removal of invasives will be done by hand. No herbicides or pesticides will be used in the wetland or buffer areas. MONITORING PLAN The plan for monitoring will follow the ELS 2015 Restoration Plan with additional monitoring years. Monitoring will occur in Years 1, 2, 3, 5, 7 and 10, and monitoring reports will be submitted to Jefferson County and WECY by December 31" of the monitored year. Additionally, on Year 1, labeled wooden stakes will be installed visibly marking the boundary of the wetland and labeled steel posts will be installed visibly marking the boundary the required buffers. 10 foot by 10 foot monitoring plots marked with labeled steel posts will be established to assess native plant survival and cover throughout the restored wetland and buffer. Four individual plots will be established in the buffer area and two individual plots will be established in the wetland area. Additionally, six photo stations will be established throughout the restoration area including one at each monitoring plot. Vegetation Emergent/Herbaceous 13 Monitoring will document the natural recovery of the herbaceous plant layer using percent cover methodology within the designated monitoring plots. The following information will be included at each plot: • Percent cover of herbaceous species (10'x10' plot) • General health of plants in the monitoring plot, noting specific problems and potential causes • Photo documentation of vegetative changes • In the event the required percent cover is not achieved a planting plan will be developed and implemented for the herbaceous layer Scrub -shrub and forested Monitoring will document the survival and percent cover of trees and shrubs within the designated planting areas. The following information will be included at each plot: • Percent Survival (All monitoring years) • Percent cover of scrub -shrub and tree species • General health of plants in monitoring plot, noting specific problems and potential causes • Photo documentation of vegetative changes Monitoring Report Contents The annual monitoring reports will contain at least the following: • Location map and as -built drawing • Historic description of project including dates of plat installation, current year of monitoring and restatement of restoration goals, objectives and performance standards • Description of monitoring methods • Record of site maintenance activities (mowing, watering, replanting, etc.) • Assessment of site achievement of performance standards • Observations of wildlife • Photographs • Summary of maintenance and contingency measures proposed for the next season and completed for the past season 14 MAINTENANCE PLAN Maintenance in the restoration areas will include watering as necessary during growing season in the first three years of monitoring and hand clearing or weed eating competitive grasses and invasives from bases of planted trees and shrubs as needed during the growing season. If the planting area is failing, steps will be taken to rectify the situation in a timely manner. The following steps will be implemented when an area is identified as failing or potentially failing: • Identify the cause(s) of the failure or potential failure • Identify the extent of the failure or potential failure • Implement corrective actions such as irrigating, fertilizing, and replanting • Document the activities and include this data in the annual monitoring and maintenance reports • In the event that a routine corrective action will not correct the problem, immediately consult with the appropriate agencies • Evaluate recommendations from resource agency staff and implement recommendations in a timely manner CONTINGENCY PLAN If the performance standards are not met by the third year following plant installation, a contingency plan will be developed and implemented. All contingency actions will be undertaken only after consulting and gaining approval from WECY and DCD. The applicant will be required to complete a contingency plan that describes: 1) the causes of failure, 2) proposed corrective actions, 3) a schedule for completing corrective action, and 4) whether additional maintenance and monitoring are necessary. SUMMARY This amended restoration plan is designed to restore the functions of this wetland which were impacted by clearing, dredging, filling and the installation of a culvert to pre -disturbance conditions. we trust this information is sufficient for you at this time. Thank you for choosing Marine Surveys & Assessments as your environmental consultant. If you have any further questions or planning requirements for this project, please do not hesitate to call. 15 Respectfully submitted, Marine Surveys & Assessments Soozie Nichol Staff Wetland Specialist Amy Leitman Senior Biologist, Owner 16 REFERENCES Ecological Land Services, Inc. 2015. Wetland Delineation Report for Gybe Ho Road Property, Nordland Washington. August 2015 Ecological Land Services, Inc. 2015. Draft Wetland and Buffer Restoration Plan for Gybe Ho Road Property, Nordland Washington. December 2015 Jefferson County Unified Development Code. Chapter 18.22, Critical Areas, Article VI Wetlands. Washington State Department of Ecology, Washington Department of Fish and Wildlife, U.S. Environmental Protection Agency, U.S. Corps of Engineers and U.S. Department of Fish and Wildlife. March 1994. Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals. Ecology Publication #94-29 Washington State Department of Ecology, October 2014. Modified from Appendix 8-C: Guidance on Buffers and Ratios for Western Washington Wetlands in Washington State Volume 2 —Protecting and Managing Wetlands. Ecology Publication No. 05-06-008 Olympia WA Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency Region 10. Much 2006. Wetland Mitigation in Washington State — Part 1: Agency Policies and Guidance (Version 1). Washington State Department of Ecology Publication #06-06-01la Olympia, WA Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency Region 10. March 2006. Wetland Mitigation in Washington State — Part 2: Developing Mitigation Plans (Version 1). Washington State Department of Ecology Publication #06-06-01la Olympia, WA Washington State Department of Transportation, Environmental Services Office Updated 2008. Writing Performance Measures and Performance Standards for Wetland Mitigation. 17 Figure 1. Site and Vicinity Map Tim WIIMns Jefferson County Figure 1. Site and Vicinity Map 413 Gybe Ho Roatl Parcel #921092007 Wetlantl Restoration Plan by Nortllentl, WA 98358 NW il4 S9 T29WR1E Soozie N thol Augusti8, 2016 IN Legend WetlarM Area (`-" 110 Foot Buffer Q Parcel Boundary 0 100 200 300 400 ft i 18 Figure 2. Wetland Restoration Map Tim Will Jell r County Figure 2. Welland Restoration Map 613 Gybe Ho Road Peri111821092007 Weland Restoration Plan ey NordlarM, WA 98358 NW 1/4 S9 T29W RI Soozie N�Onol August 18, 2016 25 50 75 100 ft a Legend Welland Area Boundary Und'sturbed Wetland Area (6,142 sq it) Total Disturbed Welland Area (5.271 sq ft) Filled WeOmrd Q Dredged Welland 110 Foal Buffer Cleared Area within Buffer (27,181 sq ft) --- Orle"ay 0 Parcel Boundary 19 r lgure a. wenann r1annng Plan L ra Sand R=W Ad Planplan nPlnnoNON aO WA 95358 S$g7y otOc 0 25 50 75 100 ft LeMd Wetland Area To Be Planned Dredged Weiland Filed Weiland Q Disturbed Welland Area --- Driveway Wetland Area Boundary Wetland Area Cleared Area MNn Buffer J 110 Foot Buffer Q Parcel Boundary ape" StYentMO Neme StOCe alluding Cha nitty Welland Planange Tress Red Aker AM rubra 1gal 10'o.o. 25-30 Western Red Cedar Thuje gicata 1 gal 10' o.C. 25-M Total 5060 Shrubs Salmonberry Rubus spectabilis Igal 5'O.d. 75-100 Blank heinber Lonioara imducrate 1 at 5'a.c. 75-100 Total 150.200 uwrne..wnaa m.wr�.a r..ae.e. mi. LD Figure 4. Buffer Planting Plan Tim VNlkins Jellersart County Figure 4. Buffer Planting Plan 413 Gybe Ho Road Parcel #921092007 Welland Restoration Plan by Nordland, WA 98358 NW1/459 TMV ME Soozie Nkeol August 18, 2016 i I i Legend __=_ _ ` - � Cleared Area within Buffer t 110 Foot Buffer Wetland Area _.� Wetland Area Boundary - -- Driveway Parcel Boundary 0 50 too 150 200I't vV SPeelaa aelantlllo Nunn Blaek 9PeN10 COerINd Bu1M Plrmtlnpa Shrubs western Red CBtlar Almre rubs 1 gel 10' O.C. 85-95 Douglas Fir Thule dimta 1 gu 10' o.o. 8S85 Bigleer Mode ACar meeraphylum /gal 10 o.e. 86-95 Teel 255-255 BMrrW BelmorlbaM RuWsepeulabile 111a1 6'o.a 274280 Cotten re Hobalecus tliecobr 1 N 6'oL 2'70-2e0 Indian dam Oemleda cereelbrmb 1 5' oc, 270-280 Tool a10-040 21 Figure 5. Looking south 185 degrees at driveway at wetland Figure 6. Looking north 150 degrees on driveway in wetland NA ♦':,� � . ����� ri -- _ r�i � ., .. w �.. Figure 8. Measuring north at driveway on wetland boundary Figure 9. Looldng south 165 degrees at north fence line 24 C Rr T y y R \ti �� -4 `� r � Y � rh + � ♦�: S"u' `, a+K ':y ( �� _ � ..�-.� ._` - 1 jj �/% i 1. �`l�. /:. �.. Figure 15. Looldng northwest 337 degrees at TP9 W Figure 16. Looking north at TP9 PU Appendix A. Washington Department of Ecology (WECI) Agreed Order #13100. January 6, 2016 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 • Olympia, Washington 96504-7775 • (360) 407-6300 January 6, 2016 Timothy L Wilkins 10953 Madison Ave Bainbridge Island, WA 98110 Re: Administrative Order Dear Mr. Wilkins: 2711 (or 502) Gybe Ho Road, Nordland, WA 98358; Jefferson County Parcel #921092007 Enclosed is Agreed Order number 13100 between the Department of Ecology and Timothy L. Wilkins to achieve compliance with state water quality standards. All correspondence relating to this document should be directed to Rick Mrez at the Department of Ecology, Southwest Regional Office, PO Box 47775 Olympia, WA 98504-7775 or rmrez461@ecv.wa.¢0V. If you have questions, please contact Rick Mraz at (360) 407-6221 or rmraz46I (a),ecv. wa.aov. Sincerely, Lund, unit Supervisor Shorelands and Environmental Assistance Program Southwest Regional Office Enclosures: Administrative Order Docket #13100 By certified mail: 7014 0150 0000 9188 5421 cc: Kerry Carroll, Ecology Paula Ehlers, Ecology Jerald Gregory, Army Corps of Engineers STATE OF WASHINGTON DEPARTMENT OF ECOLOGY IN THE MATTER OF AN ) ADMINISTRATIVE ORDER ADMINISTRATIVE ORDER ) DOCKET#13100 AGAINST ) Timothy L. Wilkins ) To: Timothy L Wilkins 10953 Madison Ave Bainbridge Island, WA 98110 Administrative Order #13100 Docket Site Name Wilkins property, Marrowstone Island Location 2711 (or 502) Gybe Ho Road, Nordland, WA 98358; Jefferson County parcel # 921092007. Description Land clearing and fill activities not authorized by the Department of Ecology in jurisdictional wetlands. This is an Agreed Order between the Department of Ecology (Department) and the Timothy L. Wilkins to achieve compliance with Chapter 90.48 Revised Code of Washington (RCW) and Chapter 173-201A Washington Administrative Code (WAC) by taking certain actions which are described below for the discharge of polluting matters into waters of the state at the subject property. RECOGNITION OF THE DEPARTMENTS JURISDICTION : TT' This Agreed Order is issued pursuant to the authority vested in the Deparonent by the Federal Water Pollution Control Act (FWPCA), 33 USC sec 1311, et se . and by Chapter 90.48 RCW. RCW 90.48.030 provides that the Department shall have the jurisdiction to control and prevent the pollution of streams, lakes, rivers, ponds, inland waters, salt waters, water courses, and other surface and underground waters of the state of Washington. Timothy L. Wilkins agrees to undertake all actions required of it by the terms and conditions of this Agreed Order and not to contest the Department's jurisdiction and authority to administer this Agreed Order. STIPULATED FACTS __;�,�, RCW 90.48.120(2) authorizes the Department to issue administrative orders requiring compliance whenever it determines that a person has violated or created a substantial potential to violate any provision of Chapter 90.48 RCW. The Department's determination that a violation bas occurred is based on the following facts: Ecology staff conducted a site visit with you and your consultant on July 28, 2015, at which time Ecology identified areas of cleared, graded, excavated and filled wetlands. On -site wetlands have been subject to mechanized land clearing and the deposition of fill. Based upon a draft wetland restoration report, prepared by Ecological Land Services and dated December 2015, approximately 0.2 acre of wetland has been altered. Activities in wetlands were not authorized by the Department of Ecology through any required permit process. SCOPE OF WORK AND SCHEDULE —. i;'i For these reasons, and in accordance with RC W 90.48.120(2) IT IS AGREED, that Timothy L. Wilkins shall take the following actions and not contest the Department's jurisdiction and authority to administer this Agreed Order. These actions are necessary to satisfy the requirements of Chapter 173-201A WAC. Timothy L. Wilkins has participated in defining these actions and the schedule by which they shall be completed. implementation 1. Timothy L. Wilkins shall restore impacts to wetlands as described in the Wetland Restoration plan, prepared by Ecological Land Services (ELS) and dated December 2015, except m modified in this Agreed Order or revised and approved by the Department. 2. Timothy L. Wilkins shall begin the restoration project within two (2) months of the date of this Agreed Order. If restoration does not begin within two (2) months, the Department may require additional compensation to account for additional temporal loss. Modifications to the W ethmd Restoration Plan 3. Required plant survival for monitoring year 2 is reduced to 90% and monitoring year 3 percent survival is reduced to 80%. If 80% is achieved in year 3, no further monitoring for survival is required. 4. An as -built report, prepared by a qualified wetland professional, shall be provided to the Department within 30 days of completion of the restoration plantings. 5. The as -built report shall contain the following: A. A report that identifies the date on which construction at the compensatory mitigation site was completed and if there were any changes from the plan approved by the Department. B. Drawings showing actual locations and quantities of plantings within the restoration area. C. A list of any follow-up actions, if needed, with a schedule. D. Plan sheets/drawings showing the as -built conditions. E. Photos to document baseline conditions. 6. Alder and red cedar plantings in the restored wetland are to be doubled (50-60 plants of each species). Monitoring and Maintenance 7. Timothy L. Wilkins, or his agent, shall monitor the restoration site for a minimum of five (s) years. Timothy L. Wilkins, or his agent, shall use the monitoring methods described on pages 7-8 of the Restoration Plan, or as revised and approved by the Department. S. Timothy L. Wilkins shall submit monitoring reports as detailed on pages 7-8 of the Restoration Plan. 9. Timothy L. Wilkins shall consult with the Department if unidentified contingency measures are necessary. 10. Timothy L. Wilkins shall provide access to the site upon request by Ecology personnel for site inspections, monitoring, necessary data collection, and/or to ensure that conditions of this Agreed Order are being met. PROHIBITION OF NM-(W RK_IN[TN.YATEWOF THESTAT Timothy L. Wilkins is prohibited from undertaking regulated activities (i.e., mechanized clearing filling, excavating draining, or any discharge of pollutants) within waters of the state or thew restored buffers on the subject property, except for approved restoration work, until the actions defined in the "Scope of Work and Schedule" Section of this Agreed Order are completed and the Department has issued a written Order of Satisfaction. Timothy L. Wilkins agrees to implement this prohibition. Timothy L. Wilkins acknowledges that the restoration plan prepared by ELS applies to restoration wait only, and that any future site development may require permitting from Jefferson County Department of Community Development. Driveway spoils shall not be placed in wetland buffers without requisite permitting. Additional mitigation for new work in wetland buffers may be required pursuant to that permitting. Timothy L. Wilkins shall provide regular progress reports to the Department on his efforts to comply with the requirements of this Agreed Order. Progress reports shall be conducted and submitted consistent with the monitoring plan on pages 7-8 of the Restoration Plan Timothy L. Wilkins shall promptly notify the Department of any occurrence which may result in non- compliance with the requirements of this Agreed Order. Such notification shall state the nature of the potential non-compliance, the reason(s) therefore and the actions taken by Timothy L. Wilkins to address the potential ran -compliance. AMENDNENTSj0—F E AGREED SCOPE Q—FX6RK Amendments to the agreed scope of work and schedule may be requested for good cause. Extension of deadlines imposed by this Agreed Order shall be granted only when requests for extensions are submitted in writing within 30 days of Timothy L. Wilkins becoming aware of a ciremnsmnce which may result in non-compliance with the Restoration Plan. To be effectivo, all proposed amendmews must be agreed to and signed by the persons with Signature authority for. each party and attached to this Agreed Order. TER INAT10N OF T+ gGREEQ=_Q.RDER The Department shall issue an Order of Satisfaction upon finding that the restoration at the subject property has been completed. Upon issuance, the requirements of this Agreed Order shall be deemed to be fulfilled and shall have no further effect on Timothy L. Wilkins. FAILUEtE TO COMPLY _ Failure to comply with this Agreed Order may result in the issuance of civil penalties of up to $10,000 per day or other actions, whether administrative orjudicial, to enforce the terms of this Agreed Order. CON7ACTINFORMATIbN .. - — �---" Please direct all questions about this Order to: Rick Mraz Department of Ecology Southwest Regional Office p0 Box 47775 Olympia, WA 98504-7775 (360)407-6221 rmraz46 l Date Perry j Lpum, unit oup— •— Shoplinds and Environmental Assistance Program Southwest Regional Office a0/ d to Timothy L. Wilkins Appendix B. Washington Department of Ecology (WECI) Letter of Violation June 3, 2016 01010 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 • Olympia, Washington 98304-7775 • (360) 407-6300 June 3, 2016 Timothy L Wilkins 10953 Madison Avenue Bainbridge Island, WA 98110 Re: Agreed Order #13100; May 25, 2016, Site Visit Follow-up 2711 (or 502) Oybe Ho Road, Nordland, WA 98358; Jefferson County parcel # 921092007 Deer I& Wilkins: The Department of Ecology (Ecology) recently conducted a site visit to check the progress on your wetland restoration efforts, pursuant to the conditions of Agreed Order #13100 (AO). Present during the visit were Rick Mraz (Ecology), Joel Peterson (Jefferson County), Rusty Rice (equipment operator), CJ. Riley (tenant fainter), and you. The terms of the AO require you to restore impacts to wetlands, as described in the December 2015 Wetland Restoration Plan (Restoration Plan). The AO also probibits any further work in wetlands or their buffers without Ecology and local approval. _ During the visit, Rick observed that restoration efforts in the disturbed and filled wetlands had either not started or were, thus far, unsuccessful. All Western Red Cedar (ThWa plicara) trees that were planted in an effort to restore the cleared forested wetland appear to have died Noxious weeds and invasive plants, including tansy ragwort (Senecto jacobea), thistle (Cirsium sp.) and foxglove (Digitalis pwpurea), had begun colonizing the disturbed wetland. In addition, work has not been completed to remove the unauthorized road, constructed in wetlands. Rick acknowledged your assertion that road removal had been hindered by wet conditions and that you intended to remove the road as soon as possible. You noted that Mr. Rice was prepared to start that work immediately. We agreed that water levels and soil conditions were suitable to remove the road now. However, given other unauthorized work that you recently conducted onsite, Ecology no longer has reasonable assurance that you can conduct the restoration efforts in an ecologically sound manner. Do no further work in the wetland or its regulatory buffer until so directed by this agency. a Timothy L. Wilkins hme 3, 2016 Page 2 The approved Restoration Plan (Plan), dated December 2015, identifies and establishes a 110-foot buffer on the disturbed and offsite wetlands (p. 3 & Figure 2), which is consistent with Ecology publications and the Jefferson County Critical Areas Ordinance. During the visit, Rick observed that a large area of the wetland buffer, to the west of the - wetland, had been newly logged and cleared. Brush piles and cut timber still remained in the buffer. You stated that the site had been logged within the past ten days. This activity is in violation of the terms of the AO, which prohibits you from undertaking regulated activities (i.e., mechanized land cleating, etc.) within waters of the state or their restored buffers on the subject property, except for restoration work (See page 5, Prohibition of New Work within Waters of the State). Rick noted that the wetland delineation flagging was still in place and tliat measurements could be taken to determine how much of the buffer had been cleared. With Joel Peterson's assistance, Rick measured the area of cleared buffer and found it to be approximately 11,530 square feet. Rick also observed and counted 12 visible stumps in the buffer that were recently cut. The stumps measured from approximately 13" diameter to 30" diameter. It was noted that several large brush piles also remained in the buffer and Rick could not determine whether additional stumps were located within the piles. As a result of the buffer clearing, you will need to revise the restoration plan to include restoration of the newly disturbed buffer. Buffer restoration must be supervised by a qualified wetland specialist. The revised plan must be submitted to Ecology within 30 days of the date of this letter for our review and approval. - During the visit, Rick also noted that containers of fuel and oil were being stored on the unauthorized road and immediately adjacent to the wetland One of these containers, which appeared to hold diesel fuel, was an open 5-gallon bucket. Improperly stored fuel and oil can lead to unanticipated discharges.. Rick observed Mr. Rice's excavator parked to the west of the wetland, in the wetland buffer. The excavator had fresh oil on the track and several spills spots were observed beneath the blade attachment In addition, Rick noted several small spills of fuel or oil on the surface of the unauthorized road Small cloth shop towels were present in the spill areas. Also, a siphon hose, with fuel leaking out of both ends, was observed on the ground and draining into the wetland. Any discharge of pollutants to waters of the state, including wetlands is a violation of RCW 90.48 and subject to enforcement action. Ecology's Spills Program staff will be contacting you separately in regards to spill -related issues. T®othy L. Wilkins June 3, 2016 Page 3 Ecology shall determine its response to the violation of the AO in light of the facts and applicable law. Any questions or correspondence regarding this letter should be directed to Rick Mraz at (360) 407-6221. Sincerely, Perry J Lug Unit Manager Shorelands and Environmental Assistance Program Southwest Regional Office By Certified Mail 7014 0150 0000 9188 6947 cc: Sonia Wolfman, Attorney General's Office - Dave Martin, U.S. Army Corps of Engineers David Goldsmith, Jefferson County Dept. of Community Development Joel Peterson, Jefferson County Dept. of Community Development Margie Bigelow, Washington Dept of Fish & Wildlife Rick Mraz, PWS, Dept of Ecology Kent' Carroll, Dept of Ecology Andrea Unger, Dept. of Ecology Appendix C. Jefferson County Department of Community Development (DCD) Fence Permit #BLD15-00143 BUILDING PERMIT Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend, WA, 98368 (360)379-4450 FAX (360)379-4451 PERMIT #: BLD15-00143 Received Date: 424/2015 SITE ADDRESS: --- GYBE HO RD _ Issue Date 122/2016 Expiration Date 122/2017 OWNER: TIM WILKINS PHONE: 206-380-7345 10953 MADISON BAINBRIDGE ISLAND WA 98110-3348 SUBDIVISION: Block: Lot: PARCEL NUMBER: 921092007 Section: 9 Township: 29 N Range: 1E CONTRACTOR: OW NER/BUILDER PHONE: PROJECT DESCRIPTION: FENCE PERMIT 8X 2000 FT. TYPE OF WORK RES SQUARE FOOTAGE: TYPE OF IMP NEW VALUATION 10,000.00 MAIN: MAIN: CODE : 2012 HEAT TYPE: OCCUPANCY: HEAT BASE: HEAT TYPE: OCCUPANCY: UNHEATED: # OF STORIES: CONST TYPE: OTHER: GARAGE: SHORELINE: CONST TYPE: DECK: SETBACK: SEWAGE DISPOSAL: WATER SYSTEM: BEDROOMS: BATHROOMS: Exist: Exist: Prop: Prop: Total: Total: Directions to Site: BANK HEIGHT: Amount Paid By: Date: Receipt- $157.00 SIRE 04/22115 154345 $102.05 SIRE 04/22/15 154345 N $4.50 SRE 04/22/15 154345 $263.55 HEALTH DEPARTMENT AND PUBLIC WORKS APPROVAL REQUIRED PRIOR TO FINAL INSPECTION THIS PERMIT IS VALID FOR ONE YEAR OR IT MUST BE PROPERLY RENEWED BUILDING INSPECTION HOT-LINE 379.4465. Request must be received by 3prn the day before the inspection is needed. Office Hours 9:00 am - 4:30 pm MONDAY- THURSDAY HOTLINE AVAILABLE 24 HOURS A DAY SPECIAL CONDITIONS APPLY - SEE ATTATCHED Jefferson County Building Division Applicants WILKINS BUILDING PERMIT INSPECTION APPROVALS Applicable Code: 2012 international BuildiTo ng Codes he befor the Requests received inspections, d after 00 iPM will not be scheduled for the-4455 no later than 0necttdays inspections inspection is needed. ELECTRICAL PERMITS are issued by the Washington State Department of Labor & Industries. The electrical permit must be signed off by the State Inspector prior to the County's Framing Inspection inspection Item Date Approval Signature Notes signed off by the final inspection will not be scheduled until the following mpll et ed and Per mit m t Complete for anV building colnta n Department: n9 plumbing • Building permit Conditions are met • Public Works Permit Final (where applicable • Land Use Conditions met and signed off FINAL INSPECTION FINAL INSPECTION MUST THIS PERMIT IS VDALLIID OR ONES EAR INO BEING OCCUPIED CONDITIONS for Building Permit g :BLD15.00143 .) DWJ The project shall adhere to the Best Management Practices (BMPs) to control stormwater, erosion and sediment during construction. BMPs shall address permanent measures to stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems. The site plan as submitted with the Building Permit application on August 31, 2015 has been reviewed for consistency under the UDC, and has been approved by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated January 15, 2016 shall be resubmitted for review and approval by Jefferson County Department of Community Development. .1 _ 11 ,,, n o......n ain,. mr 1/222016 STRUCTURAL CALCULATIONS L.� iJ1i;3 PL,A1 R=„- s.J If APPROVED AS SUSFIJTT£7 ❑ APPROVED AS NOTED ❑ REJECTED Dzta 14, It Raviewer , FENCE EXP. OPTE: OS / OS / 16 _ M-whad J. Anderson PE & PLS No. 27665 330Ck.I.OSMI Po t rmwr d,, WA 9083M rEc r0 n!" 107 2 Mf MICNAEU.ANDERSON CrAE111101f ALsId S~r 330 Cl v.I S3 Pm[Towse" WA 98368 MEMO DATE: August 31, 2015 TO: Jefferson County Community Development Department Attention: David Johnson, Planning Department � FROM: Michael J. Anderson PE & PLS 6 SUBJECT: Wilkim Application BLD15-00143Lot 16 APN 921 092 007 Attached is a copy of the revised site plan for the proposed installation of the fence as shown. The plan was changed to reflect the setback requirements for the on -site wetland areas that were recently identified. Please indicate if you need any additional information to continure Your review. Attachments: 1 c: Tim Willdns, Owner rp�,AG 3 ' trclsc. ;, � N u/V,P-' �/G6 !!OA/ll Zi 4 -?% %,C, Ce Z 49 M6 s 3--5;q 2157 S 88'05'53" E 665.51' 50 FT SETBACK GATE. INSTALL CHAIN L K FENCING/PLASTIC j SCREENING (TYPICA ). 1, C PEDESTRIAN GATE 50 FT SETBACK N 88'03'45" W 3 1/2' DIA. GALVANIZED POST/ 8 FT HIGH @ 8 FT SPACING (TYPICAL) 665.55' 24' DIA, X 42' PCC- �I SECURITY FENCE nsnE wM+' cuwwr — M N (V ` N i m I FC AL DESCRIPTION: IUARTER OF THE IUARTER OF THE IUARTER OF THE IUARTER OF SECTION 9, TH, RANGE 1 WEST, IAN. ?�JA ROVE Ac. E PLAt IWNE N 15 2016 ), WAS 9%�W.. . NO R 1502 AREA: ... 1200 SFT ] )..... 3820 SFT .... 5020 FT = 2.2% EF ..... 41882 SF M AUG 3 L AUG 3 1 2015 'EFIMN CftTv DC —CHAIN LINK FENCING/ F� PLASTIC SCREENING JMFIEnNur of o+o + — (TYPICAL) neProreomrne o w a ANDERSON `Lu CIVIL ENGINEERS p a Id & SURVEYORS 'T TOWNSEND, WA 98368 t360) 531-1011 EV. DATE: 05 / 05 / 16 APRIL 21, 2015 Page 1 of 1 REV, AUG. 27, 2015 :p 0 m nz o_ CHAIN LINK FENCING PLASTIC SCREENING (TYPICAL) EXP. DATE: 05 / 05 / 16 A `I LEGAL DESCRIPTION: THE NORTH ONE/QUARTER OF THE SOUTHWEST ONE/QUARTER OF THE SOUTHWEST ONE/QUARTER OF THE NORTHWEST ONE/QUARTER OF SECTION 9, TOWNSHIP 29 NORTH, RANGE 1 WEST, WILLIAMETTE MERIDIAN. APN 921 092 007 APPROVE SITE AREA = 5.21 Ac. t S'rm PLAT' PROPERTY OWNER: TIM WILKINS pN 15 2016 U 10953 MADISON BAINBRIDGE ISLAND, WAS 9— STRUCTURAL NO WIND LOADING PER 1502 110 MPH IMPERVIOUS AREA: EX, GRAVEL ROAD........ 1200 SFT REV] NFW GRAVFI ROAD 3820 SFT 5020 FT AUG 3 12015 ..... 4188 .2% $F EFFEleN CVTY w AUG 3 A AM 77 P Qf) < w o CIVIL ENGINEERS o & SURVEYORS a i 'T TOWNSEND, WA 98368 (360) 531-1011 APRIL 21, 2015 Page 1 of 1 REV, AUG. 27. 2015